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Send to email | LGJ: First Sale and Digital Distribution in copyrightdigital-distributionfirst-sale-doctrinelawlaw-of-the-gamelgjlicenselicensing | By Mark Methenitis el 13-Aug-2009 | Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:
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Ever since the Glider opinion was handed down late last year, there's been a resurgence of calls for courts to uphold the first sale doctrine with regard to all software. One such suit, featured in the latest Jurimetrics, concerned ligation over consumers as "owners" versus "licensees," since different copyright rights are granted based on the particular status. The court determined that players were licensees, thus negating certain rights of owners. We've talked about first sale before in LGJ, but generally in the context of retail products. In the context of retail games, no matter where you stand on the "owner" versus "licensee" position, nothing is stopping you from reselling the copy of the game you purchased.
Digital distribution changes this dynamic dramatically, however. As digital distribution mechanisms become more and more popular, it seems inevitable that the courts will have to eventually weigh in further on the owner versus licensee question. In fact, if those who run digital distribution systems wish to steer well clear of potential government involvement in their businesses, inclusion of certain features may mitigate the first sale question so that consumers have more rights and aren't in need of protection in that regard.Continue reading LGJ: First Sale and Digital Distribution LGJ: First Sale and Digital Distribution originally appeared on Joystiq on Thu, 13 Aug 2009 20:00:00 EST. Please see our terms for use of feeds.
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| LGJ: First Sale and Digital Distribution | Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:
Ever since the [..] Read complete article |  | Published 13-Aug-2009 by Mark Methenitis in copyrightdigital-distributionfirst-sale-doctrinelawlaw-of-the-gamelgjlicenselicensing Read 17 times. More hits in  |
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 | Joystiq | Blogger | Covers video game news from an independent, unbiased perspective Joystiq Joystiq |
 | Joystiq | Blogger | Covers video game news from an independent, unbiased perspective Joystiq Joystiq |
 | Joystiq | Blogger | Covers video game news from an independent, unbiased perspective Joystiq Joystiq |
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| TIGA: 71% of UK startups focused on digital distribution | | Digital distribution is the future in the UK -- for the sake of a lot of jobs, it had better be. UK game industry trade organization TIGA issued a new census report today, revealing a heavy focus on downloadable or social games.71% of UK game company startups [..] Read complete article |  | Published 06-Feb-2012 by JC Fletcher in digital-distributionindustrytigauk Read 3 times. More hits in  |
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